1. Cr. Appeal No.04 of 2005• and Cr. Appeal No.27 of 2005 arising out of judgment dated 29.12.2004 in Sessions 'Trial No. 154 of 2003 by 8th Additional Sessions Judge, Raipur are being disposed of by this common Judgment.

2. Appellants - Mujib Khan and Abdul Rajjak Khan stand convicted under Section 302 of the I.P.C. and 25 & 27 of the Arms Act and sentenced to life imprisonment with fine of Rs.15000/- and in default to further undergo further R.I. for six months each under Section 302 of the I.P.C. and to undergo three years R.I. with fine of Rs.1000/- and in default to undergo further R.I. for one month each under Section 25 & 27 of the Arms Act by the 8th Additional Sessions Judge, Raipur in ST.No.154 of 2003 vide judgment dated 29.12.2004.

3. As per case of the prosecution, on the fateful day of 15.12.2002 Sharda Pandey @ Banti Pandey was returning after having dinner from the reception of Pankaj Tripathi, situate at Engineering Colony, Fafadih. At the same time, the deceased Rainish Pillai was also coming out from that reception, when he reached main gate, appellants who were present near gate assaulted him with knife. First of all, appellant Abdul Rajjak Khan took out h